I was involved in a car accident and the company I worked for was great about it. I put in for sick leave. I had a lot because I had not taken a day off or used a sick day or vacation. I was in week 1 of leave when I found out it was something serious. I got a phone call saying I had “quit”…I protested & said I was getting an attorny then 10 minutes later I received a phone call saying I was demoted. A couple of days later I received a test message saying I had been “let go”. I am assuming it was because they didn’t want me to use short term disability or anything. I worked my butt off for this company and I was deeply hurt how they treated me. Not one person above me asked if I was ok. My employees who cared called me daily and still do. Now I don’t know what to do or think.
I can relate... I have been bouncing from doctor to doctor for almost a month and no one will sign my disability paperwork. I am about to lose my job, my income, my insurance. It's crazy!
If your employer has over 50 employees and you've worked there at least 1 yr, they must grant up to 3mo medical leave. If this applies, see below, I would contact an attorney now. If not, and you're not a contract employee then an employer can generally do whatever they want to as you would be considered "at will".
The Family and Medical Leave Act
http://www.dol.gov/whd/regs/compliance/whdfs28.htm
The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers. The FMLA entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
- work for a covered employer;
- have worked for the employer for a total of 12 months;
- have worked at least 1,250 hours over the previous 12 months; and
- work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
I’m not union & I was there under a year. I’m really hurt & disappointed. My state is an at will state so they don’t need a reason to fire someone. I feel this is a type of discrimination & they’re way of my letting me get short term disability. I thought after everything they would be more supportive & caring. I’m collecting unemployment but its not much.
Im sorry this happened to you and its wrong. But I have to say, getting an attorney and fighting it is just going to be
more stress and anxiety that you dont need, and pretty much a dead end road. The proof of burden is on you, not the company. Not to belittle your case, but cases bigger than this lose all the time. Its so wrong, and again I'm sorry. Im just telling you the truth. Look at it as a blessing in disguise and move on. This is especially true if you live in an At Will state. Which most are I believe. Not to mention less than a year, you dont qualify for benefits. So again, blessing in disguise, it really is. :-)
Kgirl.
Oh and..... was the car accident your fault? If not then you will be taking care of.
I was rear ended at a stop light. I don’t know how the bodily injury claim going to go because a “chairi malformation” was something I was born with & “aggravated” by the accident.
Yes you were born with it, but it aggravated it. So the accident definently caused injury. It really depends on how you were feeling prior to the accident, how the accident affected your life. The bottom line is, yes you have Chiari, and you had it before the car accident. BUT it was the accident that caused you to miss work, not the congenital Chiari. Not to mention that people have asymptomatic symptoms, so the Chiari shouldn't be an issue with the facts. For one, you WILL be reimbursed for time loss, and I would also put in all the time you were off until the time you got a new job. Not all of it but the difference in pay between employment and what you would have made. They will also be responsible for medical bills after the car accident. you will get a settlement. Believe me, I have gotten into several accidents and had an attorney for 2 of them. I learned alot, so the other times I did it myself. :-) Do not settle until your happy. Trust me, the $ amount keeps going up. They will start low. Not saying nickle and dime them, but get what you are entitled to.
Jewel Walker said:
I was rear ended at a stop light. I don't know how the bodily injury claim going to go because a "chairi malformation" was something I was born with & "aggravated" by the accident.
Hi Jewel.
Unfortunately I had the same experience! I was the the in the top two sales people in the company Worldwide, I had won award after award, been written about in the companies newsletter etc.
2 day's before my long term disability would have kicked in I received a letter stating I couldn't perform all aspect's of my job there fore I was no longer needed? I was crushed... but I did call an Attorney and he was able to get a small settlement for me ! Who needs to lose their insurance and pay at a time like that?
I'm a single Mom had no other insurance and my medicine alone ran about 500.00 a month. On top of that I was on a Non Compete and couldn't take a job in the same business in my whole State for 1 year. I went through my 401k , my savings everything...
I am so very sorry to hear this happened to you also.. After it was all said and done my co worker told me the hired 2 kids out of college and split my salary between them!!
Please excuse my writing I am having problems with memory and things just don't cme out th way I want them too.
Take care, I hope you can get some help and fight them..
Deb